Bringing my Thai family back to the US, steps and requirements?

[jaideeguy]

I've been legally married to a Thai woman along with her 2 children for over 12 years and due to my health, comfort, sanity and financial reasons I would like to bring them back to the US. I have spent the last week or more studying the official US immigration site, wikipedia and many old posts on thaivisa and would like to confirm the procedure and requirements as I'm still a bit confused.................information overloaded.

First a little info on my family and I..............

Been legally married for 12+ years.

Have not yet adopted our 2 kids [boy 16 and girl 15 years], they still have their absentee father's name from birth but wife tells me that should be no problem as the biological father hasn't paid a satang in support and no contact since birth.

We [in my wife's name, of course] own 2 houses on 3 lots for 10 years, but will sell before immigrating to US.

Wife also owns 2 properties in Issan.

We both have good records and have never been in trouble with the law, either here and the US..

I'm on a retirement visa for the last 5 years and have good record with Thai immigration, a few years on marriage visa before that.

We have no debts to anyone.

I have assets mostly in the form of stocks and mutual funds that I won't mention the amount of except by PM............let's just say in the low 6 figures?? as well as another bank account in the US................in the low 5 figures.

I also have a small social security income, plus a small royalty check as income

I maintain the required amount deposited in a fixed account to qualify me for Thai retirement visa, plus a couple of other smaller bank accounts.

I file my US taxes regularly.

Need any other info??

the easy questions ........

Obviously before filing the application, I should start by legally adopting the kids and giving them my family name. My wife has had mine since we got married.

Then we should obtain passports for the kids and my wife.

Now, the big question..............what kind of visa should I apply for?? " Family sponsored visa for permanent residency [with green card] ??"

If, as the name of the visa implies, then I am the sponsor?? what would my financial requirements be?? I read some where on the official website that a sponsor [if based on assets and not income] should have 25% above the poverty level[or $60,000]. If that is true, then I should be able to qualify with my assets.

Upon submission of application how long does the process normally take before she gets the visa in her hand?? Have read and heard anywhere from 6 months to 18 months.

But I also read on the official immigration site that the process could be expedited for medical emergencies and I may have several.............@ 67 yrs old with multiple health issues and I could get one or more of my doctors to verify. When they simply say "medical emergency", would that be for the applicant or me, the sponsor??

Thanks in advance for any info or tips to make the process easier/faster and more secure.

[Thanyaburi Mac]

Happily, you'll be on the semi fast track for processing as you'll be eligible for Direct Consular Filing of the I-130s for everyone with the CIS office in Bangkok on Wireless Road. That will cut some months off of the paperwork processing.

http://www.uscis.gov/about-us/find-uscis-office/international-offices/thailand-bangkok-field-office

Re adopting your wife's kids, might be difficult, I think adoptions by a farang are much more complicated than by a Thai. Suggest you check with your local provincial social welfare office. FYI, this came up a few years back when my now wife adopted her sister's son. At the SW office they asked if we were married, said "no," and the gal there said "good," easy to process then.

But, adoption should not be necessary for processing immigrant visas for step-children, read some more on that.

However, a complicating factor could be the kid's father. He might have to chop off on something in order for th e kids just to get passports. You'll need to look into this. Suggest checking on the passport issue first.

Mac

[jaideeguy]

Thanks Mac..................I was hoping to go the DCF route and I think that I can start the process at our Chiang Mai US Consulate. Will check more on the adoption issue. Wife says that both adoption and passport can be done at the CM city hall. sure would be a lot easier for us as we are just outside CM and BKK is a long way.

[Thanyaburi Mac]

I think the DCF process starts on Wireless Road, but perhaps you can do it via snail mail. When they approve it, they'll send up to the Consulate at CM for processing the IV portion.

Please post how it goes with the adoption issue, am interested. Also the passports for the kids.

Mac

[daboyz1]

Thanks Mac..................I was hoping to go the DCF route and I think that I can start the process at our Chiang Mai US Consulate. Will check more on the adoption issue. Wife says that both adoption and passport can be done at the CM city hall. sure would be a lot easier for us as we are just outside CM and BKK is a long way.

There's no need to adopt the kids in order to get visas for them. They get derivative status from the mother. I doubt you'll be able to do anything at the consulate in Chiang Mai either. They don't do anything with immigrant visas. Those are all taken care of in Bangkok.

[jaideeguy]

Thanks Mac..................I was hoping to go the DCF route and I think that I can start the process at our Chiang Mai US Consulate. Will check more on the adoption issue. Wife says that both adoption and passport can be done at the CM city hall. sure would be a lot easier for us as we are just outside CM and BKK is a long way.

There's no need to adopt the kids in order to get visas for them. They get derivative status from the mother. I doubt you'll be able to do anything at the consulate in Chiang Mai either. They don't do anything with immigrant visas. Those are all taken care of in Bangkok.

Meaning that I have to go to BKK embassy?? or do I have to drag the whole family down?? and that's just for the initial application. Then, there is the interview as the last step, where the wife gets 'grilled' ..................another trip??

Good to hear about the derivative status from the mother.

Thanks.

[daboyz1]

Meaning that I have to go to BKK embassy?? or do I have to drag the whole family down?? and that's just for the initial application. Then, there is the interview as the last step, where the wife gets 'grilled' ..................another trip??

Good to hear about the derivative status from the mother.

Thanks.

For the initial application no one needs to go to BKK. However everyone will need to go for the interview. You can read a bit about it here:

http://bangkok.usembassy.gov/immigrant_visas/immigrant-visa-process.html

In a limited number of cases, if the petitioner can demonstrate current residence in Thailand for at least six months, the petition may be filed with the USCIS office in Bangkok. The general inquiry email box for USCIS Bangkok is [email protected].

If you have any questions, shoot them an email. I hear they're pretty good about responding.

[jaideeguy]

Just returned from the Adoption office in the CM city hall and, yes, you were correct Mac in that we all would have to go down to the main office in BKK with a financial statement from my consulate/embassy to apply, then long wait [unless we greased some palms?] and no guarantees.

Luckily the passport office was in the same building and altho a super long queue, we wiggled our way up to the front [Thai style] and found out that the passport would be a simple matter after getting a form signed by our local amphor for the boy [who has the absentee deadbeat father]...........heard from the info girl that CM and other provincial offices are overloaded because that idiot Suthep is still occupying the offices in BKK.

I haven't found any reference on the immigration website to the kids having 'derivative status'.................it's a long winded website that is not easy to navigate, so if anyone has a link to that, please share.

And, now I'm wondering if we should just go for a non immigrant visa and apply for their citizenship there?? Wife can apply for green card upon arrival??

Any suggestions for that tactic?? or should we proceed with the immigrant visa??

[I Like Thai]

Thanks Mac..................I was hoping to go the DCF route and I think that I can start the process at our Chiang Mai US Consulate. Will check more on the adoption issue. Wife says that both adoption and passport can be done at the CM city hall. sure would be a lot easier for us as we are just outside CM and BKK is a long way.

There's no need to adopt the kids in order to get visas for them. They get derivative status from the mother. I doubt you'll be able to do anything at the consulate in Chiang Mai either. They don't do anything with immigrant visas. Those are all taken care of in Bangkok.

Meaning that I have to go to BKK embassy?? or do I have to drag the whole family down?? and that's just for the initial application. Then, there is the interview as the last step, where the wife gets 'grilled' ..................another trip??

Good to hear about the derivative status from the mother.

Thanks.

But, they will face being deported when they are 18

[daboyz1]

Meaning that I have to go to BKK embassy?? or do I have to drag the whole family down?? and that's just for the initial application. Then, there is the interview as the last step, where the wife gets 'grilled' ..................another trip??

Good to hear about the derivative status from the mother.

Thanks.

But, they will face being deported when they are 18

Absolutely false. They will not face being deported when they are 18. Please post a source for this information.

[daboyz1]

Just returned from the Adoption office in the CM city hall and, yes, you were correct Mac in that we all would have to go down to the main office in BKK with a financial statement from my consulate/embassy to apply, then long wait [unless we greased some palms?] and no guarantees.

Luckily the passport office was in the same building and altho a super long queue, we wiggled our way up to the front [Thai style] and found out that the passport would be a simple matter after getting a form signed by our local amphor for the boy [who has the absentee deadbeat father]...........heard from the info girl that CM and other provincial offices are overloaded because that idiot Suthep is still occupying the offices in BKK.

I haven't found any reference on the immigration website to the kids having 'derivative status'.................it's a long winded website that is not easy to navigate, so if anyone has a link to that, please share.

And, now I'm wondering if we should just go for a non immigrant visa and apply for their citizenship there?? Wife can apply for green card upon arrival??

Any suggestions for that tactic?? or should we proceed with the immigrant visa??

They HAVE derivative status. They will be applying for IR-2 visas based on their relationship to the mother who will be applying for an IR-1 visa. There;s information all of the net concerning this. Here's one of many examples. http://lebanon.usembassy.gov/immigrant_visas/visa-categories/ir2/cr2-visas-children.html The adoption thing comes into play for citizenship later on.

As far as the adoption, I looked into this to adopt my niece. Thailand has some weird laws concerning this, and you're going down a road that you don't need to go down. If you want to adopt for some other reason other than immigration, then adopt them once you get the to the U.S.

[daboyz1]

And, now I'm wondering if we should just go for a non immigrant visa and apply for their citizenship there?? Wife can apply for green card upon arrival??

Any suggestions for that tactic?? or should we proceed with the immigrant visa??

The only non-immigrant visa you would be eligible for is a K-3 since you're married. Unfortunately, K-3 is no longer an option. IR-1 is the visa you need for your wife, and IR-2 for the step-child.

You should dig around on visajourney.com and ask questions there. You will get all the answers you need there concerning IR-1/IR-2.

[Thanyaburi Mac]

"And, now I'm wondering if we should just go for a non immigrant visa and apply for citizenship there?? Wife can apply for green card upon arrival??

Any suggestions for that tactic?? or should we proceed with the immigrant visa?? "

While some people do get away with this, going to the U.S. on a Tourist Visa (NIV) then applying for Adjustment of Status to PRA (Permanent Resident Alien aka Green Card holder), it is frowned upon, and if the CIS figures that was the intent when the person departed their home country, it'll be denied and they'll be sent back. Reason? Entered the U.S. under false pretensions, entered the U.S. as a tourist with the intent to stay.

Go with your IV (Immigrant Visa) plan.

Mac

[jaideeguy]

Thanks for the tips guys........I feel a lot more confident in which direction to go now.

Re: visajourney.com..............my antivirus threw up a warning and I ignored it and never got connected with them. Any typos or mistakes on the address??

[Thanyaburi Mac]

http://www.visajourney.com

Works for me OK.

Mac

[jaideeguy]

Just to update my journey to immigration of my Thai family to the US [for anyone interested]. After realizing that adoption in Thailand was like opening a can of worms, we went to our local Amphor office with a form that confirmed that the deadbeat father was never in the picture after birth as is so common here. Easy process getting the form stamped that gives my wife and freedom from any future problems or objections from him.

Now, we are ready to apply for passports for all 3 and will do that next week. Have heard that is the easiest part of the process.

Next step will be applying for the IR1 and IR2 visas?? Any tips or suggestions for that step??

[daboyz1]

Just to update my journey to immigration of my Thai family to the US [for anyone interested]. After realizing that adoption in Thailand was like opening a can of worms, we went to our local Amphor office with a form that confirmed that the deadbeat father was never in the picture after birth as is so common here. Easy process getting the form stamped that gives my wife and freedom from any future problems or objections from him.

Now, we are ready to apply for passports for all 3 and will do that next week. Have heard that is the easiest part of the process.

Next step will be applying for the IR1 and IR2 visas?? Any tips or suggestions for that step??

You wont be applying for visas just yet. First thing you need to do is file petitions with USCIS in Bangkok. You'll be filing I-130s for all 3 beneficiaries and the associated forms that go with them. After the petitions are approved, then you can apply for visas. You really need to figure out how to get to visajourney.com if you're going to do this on your own

[jaideeguy]

Thanks daboyz...........sorry I didn't mention before, but I did finally access visajourney.com by going thru Google directly and can see a lot of useful info for my situation.

[lannarebirth]

Unless adopting your wife's children is personally important to you , your wife, or the children, I wouldn't waste my time on it. It is not a matter of any importance as far as immigration is concerned. The legal process through the embassy in BKK takes anywher from 10-15 months, depending on how quickly you gather and file necessary documents and how quickly the embassy takes in responding. They often make appointments months out and more months for follow up.

If you are of average intelligence or above, my recommendation is that you move to the states to pursue "business opportunities" . Days or weeks later have your wife and children apply for tourist visas to visit you in the states to help you settle, find a home, or tour. Write a letter in support of their visa application. Given your health concerns (which seem to be getting worse" have your wife and children apply for a "change of status" 4-5 months into their 6 month visit. Enroll your children in school. If their visit doesn't look like a pre-planned move they will all likely be granted permanent residency.

[jaideeguy]

Lana, your suggestion is a bit conflicting to Mac's post #13 above..........not to say that either of you guys are right or wrong, but different approach.

BTW, after more than 25 years in Asia, I've pretty much severed most of my business ties and it's hard to start all over again @67 years of age. I will be pursuing a VA claim from square 1 and hope that it will yield enough to get me out of the official 'poverty level' of income back there.

Also, I was hoping to get her a green card asap to support me and the kids [for a change]. Can a person on a visitor's visa get a green card easily??

[AaronLV]

Unless adopting your wife's children is personally important to you , your wife, or the children, I wouldn't waste my time on it. It is not a matter of any importance as far as immigration is concerned. The legal process through the embassy in BKK takes anywher from 10-15 months, depending on how quickly you gather and file necessary documents and how quickly the embassy takes in responding. They often make appointments months out and more months for follow up.

If you are of average intelligence or above, my recommendation is that you move to the states to pursue "business opportunities" . Days or weeks later have your wife and children apply for tourist visas to visit you in the states to help you settle, find a home, or tour. Write a letter in support of their visa application. Given your health concerns (which seem to be getting worse" have your wife and children apply for a "change of status" 4-5 months into their 6 month visit. Enroll your children in school. If their visit doesn't look like a pre-planned move they will all likely be granted permanent residency.

What you are suggesting is visa fraud. Do people do it? Yes Do people get caught? Yes. Do people get away with it? Yes.

By the time you factor in time and money for a DCF filing vs Tourist and AOS, much better to do it the proper way and never have an issue. The statute of limitations on misrepresentation never goes away, so even if they made it through to citizenship, and it was found out they misrepresented themselves there could be dire consequences. Not to mention CBP could turn them away when they arrive at the airport if they think they intend to immigrate on a tourist visa. Also factor in the process of getting a tourist visa at the embassy having to show strong ties to Thailand and that the family will return, after husband of 12 years went back to America for "business opportunities", I doubt the consulars are that naive.

I know for a fact USCIS monitors internet forums (maybe not this one) and social media. All it takes is one of the kids to get a Tourist visa and post on FB they are moving to America.... Social media is a way they are rooting out a lot of scam couples now days, most government agencies are monitoring them.

Also AOS takes another 5 - 6 months, so there is no time savings if you want them to work, and I would guess you would be more scrutinized adjusting from Tourists visa's so the process could take longer.

Do it the right way and save yourself a headache.

Edited May 9, 2014 by AaronLV

[jaideeguy]

agree totally Aaron. when it comes to immigration

and other official matters, it's best to follow the rules, especially when the whole world is connected/controlled by computers.

So, is this 10-15 month wait 'written in stone'?? Seems that i read somewhere on the official site that the process could be expedited by a medical emergency, but they didn't say who's medical emergency.

I DO have a [documented and real] medical emergency for treatment of HCV and the sooner I deal with it, the better off I will be. The new meds for clearance are not available here in LOS yet.

Edited May 9, 2014 by jaideeguy

[daboyz1]

agree totally Aaron. when it comes to immigration

and other official matters, it's best to follow the rules, especially when the whole world is connected/controlled by computers.

So, is this 10-15 month wait 'written in stone'?? Seems that i read somewhere on the official site that the process could be expedited by a medical emergency, but they didn't say who's medical emergency.

I DO have a [documented and real] medical emergency for treatment of HCV and the sooner I deal with it, the better off I will be. The new meds for clearance are not available here in LOS yet.

If you go the DCF route (which you qualify for) there's no way it's going to take 10-15 months. More like 2-3, may be 5 on the outside. If you were living in the U.S, then yes, you would be looking at 10-15 months.

[jaideeguy]

agree totally Aaron. when it comes to immigration

and other official matters, it's best to follow the rules, especially when the whole world is connected/controlled by computers.

So, is this 10-15 month wait 'written in stone'?? Seems that i read somewhere on the official site that the process could be expedited by a medical emergency, but they didn't say who's medical emergency.

I DO have a [documented and real] medical emergency for treatment of HCV and the sooner I deal with it, the better off I will be. The new meds for clearance are not available here in LOS yet.

If you go the DCF route (which you qualify for) there's no way it's going to take 10-15 months. More like 2-3, may be 5 on the outside. If you were living in the U.S, then yes, you would be looking at 10-15 months.

That's good news.......daboyz

when you say 'DCF route (which you qualify for)', are you referring to my medical emergency/situation?? or just a normal situation??

[daboyz1]

That's good news.......daboyz

when you say 'DCF route (which you qualify for)', are you referring to my medical emergency/situation?? or just a normal situation??

DCF refers to DIrect Consular Filing. No medical/emergency situation required to file. However you do have to prove residency in Thailand for the last 6 months in order to qualify. They generally require that you be living in Thailand for the last 6 months on a valid visa other than a tourist visa. Non-O, Non-B etc.

[lannarebirth]

agree totally Aaron. when it comes to immigration

and other official matters, it's best to follow the rules, especially when the whole world is connected/controlled by computers.

So, is this 10-15 month wait 'written in stone'?? Seems that i read somewhere on the official site that the process could be expedited by a medical emergency, but they didn't say who's medical emergency.

I DO have a [documented and real] medical emergency for treatment of HCV and the sooner I deal with it, the better off I will be. The new meds for clearance are not available here in LOS yet.

If you go the DCF route (which you qualify for) there's no way it's going to take 10-15 months. More like 2-3, may be 5 on the outside. If you were living in the U.S, then yes, you would be looking at 10-15 months.

That is erroneous information. Filing with the consulate will take a MINIMUM of 8 months and almost always longer. Sometimes twice as long. Change of status takes 6 months or less. Both consular and USCIS staffs are largely incompetent and their mistakes, which WILL occur will cost you time and money. My family have received Permanent Resident status using both methods and no fraud was ever involved. That is inflammatory hyperbole. USCIS, as bad as they are, are much more professional and transparent in the processing of applications than is the State Department consular avenue.

[daboyz1]

agree totally Aaron. when it comes to immigration

and other official matters, it's best to follow the rules, especially when the whole world is connected/controlled by computers.

So, is this 10-15 month wait 'written in stone'?? Seems that i read somewhere on the official site that the process could be expedited by a medical emergency, but they didn't say who's medical emergency.

I DO have a [documented and real] medical emergency for treatment of HCV and the sooner I deal with it, the better off I will be. The new meds for clearance are not available here in LOS yet.

If you go the DCF route (which you qualify for) there's no way it's going to take 10-15 months. More like 2-3, may be 5 on the outside. If you were living in the U.S, then yes, you would be looking at 10-15 months.

That is erroneous information. Filing with the consulate will take a MINIMUM of 8 months and almost always longer. Sometimes twice as long. Change of status takes 6 months or less. Both consular and USCIS staffs are largely incompetent and their mistakes, which WILL occur will cost you time and money. My family have received Permanent Resident status using both methods and no fraud was ever involved. That is inflammatory hyperbole. USCIS, as bad as they are, are much more professional and transparent in the processing of applications than is the State Department consular avenue.

I suppose we'll just have to disagree and let the OP decide for himself. I know of a couple this year that went DCF through Bangkok and it took 3 months. As far as USCIS being professional, my (and many many others) experience with them has been calling the (dis) information line in the U.S. They are contractors reading off a script and are clueless. Also, myself and many others have contacted the embassy using the [email protected] email address and they have always responded if you put your case number in the subject line. USCIS has NO such contact method in the U.S. I have not dealt directly with USCIS in Bangkok, but I have spoken with others that have, and they've told me that they've been very helpful.

Filing with the consulate in Bangkok could take 8 YEARS if you don't file the forms correctly and follow the instructions. Not sure where you're getting your 8 months number from.

As far as your statement concerning fraud, ENTERING THE UNITED STATES ON A TOURIST VISA WITH THE INTENT TO IMMIGRATE IS COMMITTING VISA FRAUD. How's that for hyperbole? It's a plain fact.

Here's one link of 1000s explaining it:

http://www.nolo.com/legal-encyclopedia/free-books/fiance-marriage-visa-book/chapter1-5.html

[lannarebirth]

agree totally Aaron. when it comes to immigration

and other official matters, it's best to follow the rules, especially when the whole world is connected/controlled by computers.

So, is this 10-15 month wait 'written in stone'?? Seems that i read somewhere on the official site that the process could be expedited by a medical emergency, but they didn't say who's medical emergency.

I DO have a [documented and real] medical emergency for treatment of HCV and the sooner I deal with it, the better off I will be. The new meds for clearance are not available here in LOS yet.

If you go the DCF route (which you qualify for) there's no way it's going to take 10-15 months. More like 2-3, may be 5 on the outside. If you were living in the U.S, then yes, you would be looking at 10-15 months.

That is erroneous information. Filing with the consulate will take a MINIMUM of 8 months and almost always longer. Sometimes twice as long. Change of status takes 6 months or less. Both consular and USCIS staffs are largely incompetent and their mistakes, which WILL occur will cost you time and money. My family have received Permanent Resident status using both methods and no fraud was ever involved. That is inflammatory hyperbole. USCIS, as bad as they are, are much more professional and transparent in the processing of applications than is the State Department consular avenue.

As far as your statement concerning fraud, ENTERING THE UNITED STATES ON A TOURIST VISA WITH THE INTENT TO IMMIGRATE IS COMMITTING VISA FRAUD. How's that for hyperbole? It's a plain fact.

I am not suggesting a fraud. I am not suggesting that there is a specific intent to immigrate when travelling on the tourist visa. I am suggesting only what I have written, given what the OP has described, that being health related issues that do and may arise. As for the USCIS helpline, it is worthless, I agree. Their webpages provide more than enough information for a family to navigate the immigration process themselves, without the need of an visa service companies .

[daboyz1]

I am not suggesting a fraud. I am not suggesting that there is a specific intent to immigrate when travelling on the tourist visa. I am suggesting only what I have written, given what the OP has described, that being health related issues that do and may arise. As for the USCIS helpline, it is worthless, I agree. Their webpages provide more than enough information for a family to navigate the immigration process themselves, without the need of an visa service companies .

Chances are the OP and his family would be able to enter the U.S. on a tourist visa and then they all could all adjust status without an issue. People do it all the time. People drink and drive and cheat on their taxes all the time and nothing happens. It doesn't make it legal just because you don't get caught. The issue could come up and many stages of the process later on. Adjusting status, filing for citizenship etc. There is no statute of limitations on misrepresentation when obtaining immigration benefits.

The OP is in a better stiuation than most because he resides in Thailand with a valid long term visa. That affords him the opportunity to take care of everything with the USCIS office in Bangkok and not have to deal with USCIS in the U.S. and shorten the process considerably.

[jaideeguy]

OK, the family now have their passports [in the mail] and that was an easy process [for me at least] as they just went to city hall early in the AM] and got a queue and were finished by noon. Should receive them in less than a couple of weeks and we can proceed to the next step [visa application] that you guys have me a bit confused about.............